{"id":"alj-H306256-2024-08-20","awcc_number":"H306256","decision_date":"2024-08-20","opinion_type":"alj","claimant_name":"Donald Schiffelbein","employer_name":"Tyson Sales & Distribution","title":"SCHIFFELBEIN VS. TYSON SALES & DISTRIBUTION AWCC# H306256 August 20, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SCHIFFELBEIN_DONALD_H306256_20240820.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SCHIFFELBEIN_DONALD_H306256_20240820.pdf","text_length":2796,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H306256 \n \nDONALD SCHIFFELBEIN, Employee     CLAIMANT \n \nTYSON SALES & DISTRIBUTION, Employer    RESPONDENT \n \nTYNET CORPORATION Carrier/TPA      RESPONDENT \n \n \n OPINION FILED AUGUST 20, 2024  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by J. MATTHEW MAULDIN, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn September  26,  2023,  the  claimant  filed  an  AR-C  requesting  various  compensation \nbenefits  in  which he alleged injuries  to  his  brain,  eyes,  heart  and  lungs  due  to  diesel  exhaust \nexposure on or about June 26, 2023. There has been no request for a hearing. Following the AR-\nC  filing  in  Arkansas,  the  claimant  pursued  his  claim  in  other  jurisdictions  including  Missouri \nand/or Kansas. No further action has been taken with regard to the Arkansas claim. \n On June 14, 2024, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for August  6,  2024.  Notice  of  that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on July  3,  2024. \nUnited States Postal Department records indicate that claimant received and signed for the notice \non July 12, 2024. On July 30, 2024, the claimant called the Workers’ Compensation Commission \n\nSchiffelbein – H306256 \n \n-2- \noffice  in  Springdale,  Arkansas, and  spoke  with  my administrative assistant, indicating  that he \nwill not be pursuing his claim in Arkansas and has no objection to the dismissal of his Arkansas \nclaim. \n After a review of the respondents’ Motion to Dismiss, the claimant’s lack of desire to \npursue his claim, and his failure to appear at the  scheduled hearing, as  well as all other matters \nproperly before the Commission, I find that respondents’ Motion to Dismiss this claim should be \nand hereby is granted pursuant to Commission Rule 099.13. This dismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H306256 DONALD SCHIFFELBEIN, Employee CLAIMANT TYSON SALES & DISTRIBUTION, Employer RESPONDENT TYNET CORPORATION Carrier/TPA RESPONDENT OPINION FILED AUGUST 20, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, ...","fetched_at":"2026-05-19T22:50:15.323Z","links":{"html":"/opinions/alj-H306256-2024-08-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SCHIFFELBEIN_DONALD_H306256_20240820.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}